Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-08-19
Order of Notice,
HAMILTON S. PECK, ASSIGNEE
VS. Chittenden
AND MARY w MACOMnyp County.


HAMILTON S. PECK, ASSIGNEE
VS.. Chttenden
Carroll Il. MACoMBER. -
AND MARY w. MACoMBER. county
IN CnANCERY.
The above named orator having filed in said
Court his bill against the de endants, Sc ting
forth in substance hat about March /, 1882
David Walker, ID. Frank Hatch and said Car
rul Il. Macomber formed o-part1ership,
under the name of Walker, Hatch g. Co., for
the purpose of carrying on at Burlington, VT,
the busln, ss OF stairbuders and manu- factur-
ers that they became equal partners and en-
tiled to draw from the capital OF said firm
ye 'rly, equal sums Us 81 aries that about
January ], 1888, said defendant macomber. on
account Of certain obligations of said Walker
Hatch, which he asreed to assume was
accorded n half interest in said firm. the other
partners retaining each ono-ioutth interest
that each Iartner was TO devote his time,
energy and skill to the business Tor the com
mon benefit, the said Carol +. having charge
Of the locks and finances thut aid firm con-
tirued to exist ihOut mate rial change
till about November l, 1855, when stock
corporation was organized, aud por-
business OF said firm were transferred to
said corporation, said par ne 5 hOldnr stock
therein, ard having the active Ii anagement
of the busin, IS of SAID corporation that the
firm of Walker, Hatch ~ Co, continued to ex-
lst ill about December 2, 1886, when upon
credit or's petition 1t was duly adjudged inso-
signct about December 20, 1856 and the real
and personal estate, booksaud papers of said
1rlU was duly CONVEY yea 10 tue orator that
about Maya 1884, Sarah l.. Thayer, conveyed
to the defendant Mary W. MaComber, certain
rca, estate in said Burlington, on which these
dc ieudants caused to he erected Il dwelling
Ousc lis their Homestead at the cost of six
thousand dollars, as the orator is informed
/ und believes, N which they lived when said
/ firm was adj Judged insOlvcnt tnat about Oc-
tober ~. 1855, said Thaycr duly conveyed to
said Mary w. MacomDer, certain other real es-
tate adjoining the prem es above referred to;
| that The consideration OF said prices of land was
seven hundred fifty dollars; that at the time
! OF the purchase of IA real estate and ever
a err sai ID firm was largely in debt and ns OIL
vent, and said detcndA nts were well aware of
| the tact that ring he entire period be-
tween the purchase of said real estate and
SAID insolvency proceedings, said Carol L.
well knowlng the large aud increasing indebt-
| cdnesS and financial embarrassment of said
firm, continued to represent to its creditors
| that it las solvent, doing paying business,
and had Il Ialge surplus over and above its
indebtedness did obtain from time time, and
i'll tie name OF SAID firm renewed and addi-
tlonal credit extend ny and carrying over
from time to time sucu deb upon the renew
al OF the obligations of aid firm therefor; and
On said REPRESENTATIONS dld make in the name
and behalf of said firm large purchases OF ma
terlals aud obtain frequent loans of money
| ortensiby Tor Its use aud pledge therefor the
credit of SAID II m that said Carol f. con-
irving how he might injure and deiraud the
creditors of said firm secretly aud without the
| Knowledge Of said creditors, did wrongiuily
ami tuuiustly withdraw from the funds of
sa'd CO. partncrshlpupwaiu OF tnr' ethousahd
dollars in money, aud Upward Of two thuus-
and dollars in stock, materials and and labor,
and upprOpr uted the same to he sole use,
/ benefit aud advantage OF himself and
said mary. W, IN anu about the purchase
OF said real estate and erection and
/ construction Of their said dwelling house
I ~ aOrCsaid that said Mary w, had reason
/ to, and did believe, during the period afOre-
/ said, said iiIm was insONcnt, and that the
/ funds aud assete OF said firm were Withdrawn
aud used as atOre; aid that said firm was not
/ reimbursed therefor, ana that ITS creditors
/ we're thus made to contribute to the
ADVANTAGE
husband the salc Carol E.; that the
/ orator has examined the assets and
| ii ,bill les OF said firm and that should full
! restitution be made to h:m. the assets would
| re inadequate to pay the just lndt btedness OF
said hrm thtt tue orator Graves leave to
make copies of said deeds, and instruments In
wri, ing and OF her papers orbooks as may be
required, as well us the articles OF agreement
and books OF said firm part of this bill !;
that said re A, estate now stands in the name
of the said Mary W., and that she and said
Carol E., have hitherto and do now receive
the orator IS remedlless TO recover from
! said defendants, or either of them, for
the benefit OF the creditors Of said
money, materials and labor so Withdrawn
from said firm, and appropriated to their
benefit, except in tie Court of Chapcrry and
praying that the defendants, and each OF them
may be Invested OF the title to said premises,
and that the same may be vested III the ora
tor, that he may dispose of the same for the
benefit of the creditors I'll said firm, aud for
such other and further relief in the premises
as equity may require, and the court shall
deem just ; ana also praying that writ of in
junction may issue out of said court, re-
straning and enjoining the defendants from
conveying or uisposing of said premises and
it appearing hat said defendants are out of
the State of Vermont so that a subpoena can
not be served upon them
1t Is ordered mat the above named defend
ants be notified to appear before the court of
Chancery. for said County Of Chttenden, at
the term next, to be held at Burlington in SAID
county on third Tuesday of September, 1887
on first day of sand term, and make answer
thereto 10y publishing this order three weeks
successfully IN the Burlington Free Press, the
last OF which publications shall be at least
twenty days previous to said term of SAID
Court.
Dated at Burlington, in said County, the
tth day OF August, 1887.
,,w3w O. p. RAY, Clerk.